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Hi -- would be very grateful for any advice on the following situation...

A planning search shows that a house I'm trying to buy was given permission to change permitted use to 'Katie House'(!) in 1993 -- the planning document explains that means 3 separate bedsits plus a communal lounge, it was some kind of social/halfway house.

The current owner bought in 2014 and changed it back to a single residence.

My solicitor has asked for evidence of change of permitted use, the vendor says that's not necessary because the 1993 permission was specifically granted to a named person.

The vendor's conclusion is that the use would automatically revert to being a residence, since there is no one around who has permission to operate it as a 'Katie House'.

Any thoughts? Is this something that could be covered by indemnity insurance?

Does your solicitor agree? Is that what the permission says i.e. as a condition it can only be operated by a named person? Every planning consent is granted to a named applicant, that doesn't mean they're personal in that sense - in fact it's pretty rare for a consent to be personal.

Does the planning decision notice not define the planning use class? Are you able to post a link to the application. I am quite intrigued/sceptical as I have never heard of this. Planners provide permission on the land and not to a particular person. Hence why I am intrigued.

It sounds like it changed from a class C3 to C4 and has since been changed back to a C3 which wouldn't require permission.

If you had time on your hand you/vendor could apply to the planning department for a 'certificate of lawful development - existing use' which would clarify that the existing use is lawful but that could take 8 weeks.

Does the planning decision notice not define the planning use class? Are you able to post a link to the application. I am quite intrigued/sceptical as I have never heard of this. Planners provide permission on the land and not to a particular person. Hence why I am intrigued.

It sounds like it changed from a class C3 to C4 and has since been changed back to a C3 which wouldn't require permission.

If you had time on your hand you/vendor could apply to the planning department for a 'certificate of lawful development - existing use' which would clarify that the existing use is lawful but that could take 8 weeks.

Our solicitor initially asked theirs to provide a certificate as you suggested, but now time is pressing. They are buying and we're trying to get mortgage redemption fees back. We're due to exchange next week. That could be pushed back a little but not much before it ends up costing us a lot of money. So I'm just trying to work out my options in the first instance.

I have never seen this before so I can really comment on the practicalities of this. If it is as it says then you would hope that your solicitor/lender can see it only relates to the person named. It seems that it could have been for a charity as it mentions outreach facilities.

I think the best way to resolve this would be to speak to a planning consultant who could prepare a statement stating that the single swelling use you are proposing is lawful. They may caveat that a lawful certificate should be applied for but the letter may give enough weight to suit the solicitor/vendor.

Solicitors/vendors won't go by a phone call with a duty planning officer. There is a reason why we have lawful certificates and that's to have in writing that it conforms to the permitted development rights. I have seen hundreds of cases where people are advised/believe that what they are doing complies with permitted development only to apply for the certificate and being refused.

I always advise my clients to obtain the certificate even if they are certain as you can never be until you have it in writing.

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